Ordinance No. 6,865931209 -2
ORDINANCE NO. 6865
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 TO THE
• CONTRACT WITH MILLER BROWN DEVELOPMENT COMPANY FOR THE
ENGINEERING ACTIVITIES NECESSARY TO FULFILL THE NEW
MITIGATION REQUIREMENTS RESULTING FROM THE AMENDED U. S.
ARMY CORPS OF ENGINEERS' PERMIT FOR THE MARINA;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, UP TO THE SUM
OF FIFTY THOUSAND AND N01100 DOLLARS ($50,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council does hereby authorize Change
Order No. 1 to the contract with Miller Brown Development Company
for the engineering activities necessary to fulfill the new
mitigation requirements resulting from the amended U. S. Army Corps
of Engineers' permit for the marina. A copy of said change order
is attached hereto, marked Exhibit 11A," and made a part hereof for
all intents and purposes.
Section 2: That the City Council of the City of Baytown hereby
authorizes payment up to the sum of FIFTY THOUSAND AND N01100
DOLLARS ($50,000.00) to Miller Brown Development Company for Change
Order No. 1 for the engineering activities necessary to fulfill the
new mitigation requirements resulting from the amended U. S. Army
Corps of Engineer's permit for the marina.
Section 3: That pursuant to the provisions of Texas Local
Government Code Annotated S 252.048, the City Manager is hereby
granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTEEN THOUSAND AND NO/ 100
DOLLARS ($15,000.00) or less, subject to the provision that the
original contract price may not be increased by more than
twenty -five (25 %) or decreased by more than twenty -five (25 %)
percent without the consent of the contractor to such decrease.
Section 4: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 9th day of December,
1993.
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,t ',c. ('. L& &A., --
PETE C. ALFARO, Mayor
•
• ATTEST'_:
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EILEEN P. HALL, City Clerk
ACIO RAMIREZ, S , City Attorney
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931209 -2a
BAYTOWN /WEST CHAMBERS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION
ITi:A TRi ; ,Kf011EV)I
DATE: November 12, 1993
TO: Bobby Rountree
FROM: Michael K. Shields
RE: Costs associated with the change in environmental mitigation methodology.
The original plan for the disposal of dredge material (estimate 250,000 cubic yards)
utilized conventional methodology. Containment levees along with a dewatering
system were to be constructed in an upland area to hold the dredge spoils.
The current plan involves the construction of new wetland area by placing the dredge
spoils in deep water to create shallow water habitats. This eliminates the cost of
constructing levees and treating the dewater run -off.
The following is a cost comparison of the methods as provided by Bob Randall of
Randall- Porterfield Architects. It is important to remember these are cost estimates.
11&m Original
Upland excavation $215,000
Boat Ramps 350,000
Mitigation 1459000
Aquatic Plantings -0-
Dredging 780,000
Breakwater 445.000
Total $1.9
•7M
$150,000
150,000
145,000
50,000
437,000
445,000
$1.3
1. Upland excavation - cost reduced due to removal of concrete and report from
contractor regarding soil conditions.
EXHIBIT A
• Memorandum
Environmental Mitigation Costs
Page 2
2. Boat Ramps - New cost reflects grant of $200,000.
3. Mitigation - Cost remains the same due to placement and shaping of new
wetland areas.
4. Aquatic Planting - Cost not required in original plan. It is anticipated a
portion of the material and labor will be donated.
5. Dredging - Cost reduction based upon 250,000 cubic yards at $1.75 per yard.
6. Breakwater - No change.
While the new methodology decreases the overall cost of construction, it results in
engineering requirements that are outside the original scope of the contract with Miller -
Brown Development Company.
As stated earlier, the original contract merely required the construction of levees that once
built needed no further attention. Under the new system, the U.S. Army Corps of Engineers
requires the submission of a plan and management system that includes:
1. Pre and post mitigation construction documents.
2. Aquatic vegetation plan with specified survival goals.
3. Long -term post construction monitoring and reporting.
Because of this, a change order (#Ol) needs to be issued to Miller Brown. The change order
shall instruct Miller -Brown to undertake engineering activities necessary to fulfill the new
mitigation requirements resulting from the amended Corps of Engineers' permit for the
marina. Further, the order shall stipulate the amount to be paid for the additional
engineering work shall not exceed fifty thousand dollars ($50,000); and the firms of Busch -
Hutchison and Randall - Porterfield be engaged on a sub - contractual basis to perform the
following work.
1. Perform engineering studies and design necessary to satisfy all requirements of
the U.S. Army Corps of Engineers in relation to the "beneficial use of dredge
material" as presented in Permit # 18176 (01).
2. To formulate aquatic vegetation, monitoring, and reporting plans that are
acceptable to the various review agencies.
3. To perform all monitoring and reporting functions for the period of time
required in the Corps of Engineers' permit.
4. Undertake three (3) soil borings to a depth of twenty -five (25) feet to
determine sub - surface soil conditions and weight - bearing capabilities. Specific
boring sites to be identified later, however, two (2) will be in the upland area
and one (1) in the water in the area of the breakwater.
Contact me, if you have any questions.